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Archive for: appearance of the whole or a part of a product

Industrial design law, case VI SA/Wa 1827/08

December 12th, 2008, Tomasz Rychlicki

The Voivodeship Administrative Court (VAC) in Warsaw in a judgment of 11 December 2008, case file VI SA/Wa 1827/08, ruled that the protection of an industrial design may only apply to the appearance of an object – its external appearance, not to its internal structure. The cassation compliant bought before the Supreme Administrative Court was rejected in a decision of 16 December 2009, case file II GSK 238/09.

Wzór Przemysłowy Rp-9201

This judgment concerned the industrial design “Zadaszenie drzwi” (in English: door canopy), Rp-9201. See also “Polish regulations on industrial designs” and “Polish case law on industrial designs“.

Industrial design law, case VI SA/Wa 1088/08

August 12th, 2008, Tomasz Rychlicki

The Voivodeship Administrative Court (VAC) in Warsaw in a judgment of 11 August 2008, case file VI SA/Wa 1088/08, ruled that it is not enough to prove that the design applied for differs from opposed designs, but it must also be proved that it does not contain the characteristics of these designs – further – that it is not in fact the sum of the characteristics of these designs, it is not a combination of opposed designs.

This judgment concerned the industrial design “Wiadro” (in English: bucket), PRZ-1077.

Industrial design, case II GSK 277/06

March 28th, 2007, Tomasz Rychlicki

The Supreme Administrative Court (SAC) in a judgment of 20 March 2007, case file II GSK 277/06, published in the electronic database LEX, under the no 321283, ruled on the definition of the appearance of the product.

It refers to the appearance given by certain characteristics or patterns perceived visually and thus causing certain general impression while watching the product of which the design has been applied or is included, in the form in which it occurs in the market during the presentation and the acquisition of goods. Elements of the goods that are not visible or because of its characteristics may not be visible without a significant change in the form of a product during its examination on the market, are not relevant for assessing novelty and individual character of the industrial design, and thus cannot be protected.

This case concerned the industrial design “Lód ekstrudowany jednosmakowy z nadzieniem” (In English: ice cream extruded with single taste stuffing), Rp-7461.

Wzór Przemysłowy 7461